Hong Kong Regulations

ELECTORAL PROVISIONS (PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) - SECT 5

Disposal of deposit after publication of election result

Caution: This is a past version. See the current version here.

(1) Subject to subsection (2), as regards an election, after a candidate is
elected in respect of a constituency, the deposit paid in respect of the
nomination of each candidate for that constituency, if it has not been
returned under section 4 or 6, shall be returned in accordance with this
section.

(2) Where the total number of votes received by any unsuccessful candidate in
respect of a constituency is less than 5% of the total number of valid votes
cast in that constituency, as determined by a counting of the votes and any
re-count, the deposit paid in respect of his nomination shall be forfeited and
paid into the general revenue, in accordance with this section.

(3) Where, an election as regards a constituency-

   (a)  is uncontested, as soon as practicable after the publication under the
        appropriate regulations of a notice declaring that a candidate is
        elected; or

   (b)  is contested, as soon as practicable after the publication under those
        regulations of a notice of the result of the election, in respect of
        that constituency, the returning officer for the constituency shall,
        subject to subsection (5), notify the Director of Accounting Services
        that the deposit lodged in respect of the nomination of the candidate
        or each candidate, as the case may be, is returnable to that candidate
        or each such candidate.

(4) The Director of Accounting Services shall, as soon as practicable after
the receipt of a notification under subsection (3), return the amount of the
deposit to the candidate or each candidate, as the case may be, specified in
the notification.

(5) The returning officer shall, as soon as practicable after the publication
of the notice referred to in subsection (3)(b), notify the Director of
Accounting Services in writing, as regards any unsuccessful candidate referred
to in subsection (2), that the deposit lodged in respect of his nomination for
that constituency at the relevant election is to be forfeited to the general
revenue. (Enacted 1994)